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Madras High CourtHCP/823/2021closed

R.Mullainathan v. State Rep By

2021-06-25Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.823 of 2021 R.Mullainathan, S/o.Ramasamy ...

Petitioner versus 1.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

2.The Inspector of Police, Sirkali Police Station, Nagapattinam District - 609 110.

Now Mayiladuthurai District.

3.The Deputy Inspector General of Police, O/o.The Deputy Inspector General of Police, Thanjavur.

...

Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 2nd respondent herein to produce the body and person of petitioner's wife Jayasri, wife of Mullainathan, aged about 48 years, before this Court and set her at liberty. For Petitioner : Mr.M.Gnanasekar For Respondents : Mr.R.Muniyapparaj Government Advocate (Crl. Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is seen that in H.C.P.No.629 of 2021 that was filed by this petitioner, we had issued the following directions on 22.04.2021 :

"Recording the same, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Sirkali Sub-Division, to monitor the investigation in Sirkali Police Station Crime No.267 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue viz., Jayasri, aged about 48 years, is secured, she shall be produced before the Judicial Magistrate Court, Sirkali, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law."

2. It is the grievance of the petitioner that the police have not complied with the aforesaid direction. However, Mr.R.Muniyapparaj, learned Government Advocate (Crl. Side), submitted that, the police are tracing for the detenue and as and when, the detenue viz., Jayasri is secured, she will be produced before the jurisdictional Magistrate. Therefore, we direct the police to comply with the direction issued by this Court in H.C.P.No.629 of 2021 dated 22.04.2021.

3. With the above direction, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sri To 1.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

2.The Inspector of Police, Sirkali Police Station, Nagapattinam District - 609 110.

Now Mayiladuthurai District.

3.The Deputy Inspector General of Police, O/o.The Deputy Inspector General of Police, Thanjavur.

4.The Judicial Magistrate, Sirkali.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.823 of 2021 ajs[co] srg 23/07/2021